Is Delta 8 Legal If It’s Still THC?

is delta 8 legal

Cannabis has been a pretty taboo subject, with plenty of falsities attached to the name and its various terminology (weed, pot, marijuana, mary jane, etc). However, the 2014 Farm Bill and the Farm Bill 2018 has opened the doors for the first step towards legalizing cannabis. 

But what is actually legal under this new regulation and what isn’t? The culprit behind what stigmatisms are behind cannabis/hemp is called Delta 9 THC (THC being the cannabinoid that creates the mind-altering high), but an isomer of this compound has shaken the hemp industry – Delta 8 THC. 

There’s more than just a different number between these two THC cannabinoids, including how Delta 8 is legal vs Delta 9 being illegal. Let’s take a look. 

How is Delta 8 THC Legal & Delta 9 THC Isn’t

To start, yes, Delta 8 THC gets you high, though it’s a less powerful high than Delta 9. How it’s legal compared to Delta 9 falls under H.R. 2: The Agricultural Improvement Act of 2018, aka the 2018 Farm Bill. It specifies that isomers, derivatives, and cannabinoids in hemp are legal, as long as each product contains less than 0.3% Delta 9 THC. 

How Delta 8 is different from Delta 9 is by the double bond of receptors in the endocannabinoid system in our bodies. Because it’s also derived from hemp, it falls under the 2018 Farm Bill. It’s a unique situation with how is Delta 8 legal. We mentioned above how all derivatives of hemp are protected under the 2018 Farm Bill and since Delta 8 THC is synthesized from CBD derived from hemp, therefore it constitutes it as federally legal. 

Now, when it comes to Delta 9 THC, this cannabinoid is found in high percentages when extracted from the cannabis plant – more than 20% most times. This is not derived from hemp as Delta 8 extracted straight from the plant is in very low concentration levels and Delta 9 isn’t derived from CBD but directly from marijuana plants. Delta 9 has mostly been used recreationally, and in the 1970s, it was identified as a high potential for abuse. 

The Controlled Substances Act classified marijuana as a Schedule I drug, making it federally illegal. Hemp is different from the marijuana plant and has the green light on growing it legally as hemp plants contain less than 0.3% Delta 9 THC naturally. Marijuana plants are higher in THC content than hemp plants, going over the 0.3% regulation and constituting it illegal. 

So, while it may make you scratch your head wondering how Delta 8 is legal when Delta 9 isn’t, the bottom line is that there are two plant types, hemp and marijuana, that differ in their THC content. While they both share the same genus and species, Cannabis Sativa L, but are different forms of this plant. 

Appearance-wise, hemp grows taller than marijuana, has fewer flowering buds, and has a tougher, more fibrous stalk. Looking at the 2 plants side by side, you’ll see a noticeable difference in them and be able to tell them apart easily. 

Delta 8 Legal Products 

If you want a mild high with a more energized, clear, and focused mindset, then Delta 8 THC is exactly what you should look for. The buzz is not as intoxicating, though it will show up on a drug test, and you receive all the benefits of weed without such a severe result. 

Delta 8 products come in a wide variety, such as:

The world of Delta 8 is your oyster, and anyway that you like to enjoy cannabis, Delta 8 THC Shop has you covered. All of our hemp-derived products are organic, Non-GMO, grown in the US, and follow all industrial hemp regulations and guidelines. We even offer CBD and CBG products too! Browse our online store and see for yourself why we love having Delta 8 legal!

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